January 19, 2012 Board of Director Meeting Minutes

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Board of Directors

BOARD OF DIRECTORS

JANUARY 19, 2012

CALL TO ORDER

President Jim Whitfield called the January 19, 2012 meeting of the Board of Directors of Apex Park and Recreation District to order at 6:30 p.m. at the Apex Center, 13150 W. 72nd Avenue, Arvada, Colorado. Apex board members in attendance were: Jim Whitfield, Lee Humrich, Jeff Glenn, Bob Loveridge and Ken Harrell. Apex participating staff members were Mike Miles, Executive Director, and Luann Levine, Recording Secretary.

APPROVAL OF AGENDA AND ADDITION OF AGENDA ITEMS

Mike Miles, Executive Director, asked the board to move agenda item 5 to agenda item 1 and renumber the remaining agenda items as presented.

MOTION: Director Glenn moved to move agenda item 5 to agenda item 1 and renumber the remaining agenda items as presented. Director Humrich seconded. Motion passed unanimously.

APPROVAL OF MINUTES OF JANUARY 5, 2012

MOTION: Director Glenn moved for approval of the Minutes of January 5, 2012, as presented. Director Humrich seconded. Motion passed unanimously.

PUBLIC INPUT – There was no public input

NEW BUSINESS

1. Easter Egg Hunt Event

Mr. Miles stated that the Easter Egg Hunt event needs a new location because we are no longer at Garrison Street. We have looked at Stenger, Lutz, Memorial Park, Fitzmorris Park, K-8 Park, Secrest and the Field House. About every other year it gets moved indoors due to weather. There is a tournament booked at Lutz. The K-8 Park still has a lot of rough ground. Memorial Park does not have much parking and may already have an egg hunt scheduled there at the same time. Fitzmorris Park also may have an egg hunt scheduled. Stenger is booked with soccer and Lacrosse. That leaves the only options as Secrest and the Field House. Mr. Miles stated that there should be enough parking spaces at Lutz for overflow parking if it is held at the Field House. Mr. Miles added that Secrest is the best option if we are guaranteed good weather. But if the egg hunt needs to be moved indoors due to weather, that is not an option at Secrest. In response to questions from the board Mr. Miles stated at the usual participation is about 600-700 kids. Board discussion ensued. Board consensus was to hold the 2012 Easter Egg Hunt at the Field House.

2. Trademark Issue Update

Mike Miles, Executive Director, stated that he had a lengthy discussion with the trademark attorney, Mr. Sipiora. The next steps in the process would be to serve the Complaint and Summons on the defendant by January 30, then they would have time to respond and the case would go forward. If we served process and the defendant responds, then we lose the ability to withdraw the case unilaterally, that is, we would need Court approval or a stipulation from the defendant. Mr. Miles added that one comment in the letter from Apex All Stars’ attorney is that their program is USA Gymnastics and ours is a CARA Program. USA Gymnastics is a higher ranked program. The attorney also claimed that Apex All Stars has been using its mark for 10 years; we have not been able to verify that fact. Mr. Miles then stated that in addition to a trademark, a trade name can be used and we do not know if Apex All Stars has used the APEX mark as trade mark or simply as a trade name (which might not impact our trademark rights). Trademark is a brand; trade name is a name that you do business as. Board discussion ensued concerning the difference in level of programs that Apex All Stars offers and the distance between their business and the District. Apex All Stars appears interested in a settlement and if enough protection can be built into a settlement agreement or consent agreement limiting Apex All Stars future use of the term APEX, then dismissal of the case could be achieved while protecting the integrity and strength of our APEX CENTER (R) mark. Given these considerations, Board consensus was to withdraw the Complaint initiated by Apex PRD.

MOTION: Director Humrich moved to withdraw the complaint against the Apex All Stars without prejudice. Director Harrell seconded. Motion passed unanimously.

3. Garrison Street Center Turf Update

Mr. Miles reported that he has had 6 contacts interested in the Garrison Center turf. We are down to the last interested party from Parker that will be coming out to look at the turf next week. We have also had discussions with the City to remove and store the turf but moving it out will cost about $19,000. So we either go to a lot of work to move it and store it or let it be demolished with the building. Hopefully Parker will decide to take it next Tuesday but if not, we will have to decide what to do. Mr. Miles said he will keep the board updated.

4. Vision 2020 Review Committee

Mr. Miles stated that the Vision 2020 Review Committee will be initiated next Wednesday with about 20 returning members and about 5 new members. The first meeting will be an introduction and review of the last Vision 2020 Committee’s outcome. Each monthly meeting will be held at a different District Facility and only 2 Board Directors at a time may attend meetings. Mr. Miles suggested that the Directors rotate meetings.

5. Apex Field House Punch List Status

Mr. Miles reported that there are about 5-6 pages of punch list items remaining with the Field House. They are minor things but they are being addressed. Mr. Miles added that things are flowing pretty smooth now that the holidays are over and we are getting things done. One of the biggest problems we are encountering is that the technology is pretty complicated and getting the different systems to work together seems to be a problem. Also, there is an ice problem on the east side of the building by the back doors. The water runoff pools right in front of the doors but overall it is coming together and staff is extremely pleased with the facility.

6. Review of Ralston Central Park Splash Pad Design

Mr. Miles showed the board the plans and artist renderings of the Ralston Central Park Splash Pad. Deconstruction of the Garrison facility should begin in February or March and will take about 6 months. Mr. Miles stated that a meeting with the City is scheduled for next week and we should get a more detailed time line.

EXECUTIVE DIRECTOR REPORT

a) Mr. Miles stated that there is still a public perception that Apex built the Skate Park. The City of Arvada built it and no Apex money was used. We have contracted with a Skate business from Boulder that also runs a skate park in Louisville to run learn to skate programs in the summer.

BOARD MEMBER REPORTS

Director Glenn reminded the other Directors about the 30th Anniversary celebration at the Community Recreation Center on Sunday from 2-4.

Director Glenn stated that he was at the Apex Center a couple weeks ago and noticed a mat that was torn, he took a picture of it and sent it to the Apex Center manager, Terry Goldwater, and it was fixed upon his return. Director Glenn commended staff for their quick response.

ADJOURNMENT

MOTION: Director Humrich moved that the meeting be adjourned. Director Glenn seconded. Motion passed unanimously.

President Whitfield adjourned the meeting at 7:31 p.m.

Respectfully submitted,

Luann Levine, Recording Secretary

ATTEST:

Ken Harrell, Secretary/Treasurer

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